Terms of use

THE PANDA VIDEO

We are an innovative platform that offers a complete video solution for your company to use the most modern technologies on your websites, and all this with all security and performance in hosting and streaming videos.

And for you to be able to enjoy the services we provide, you need to understand the rules. That’s why you ask that you read carefully what you brought me, when you use the site, you declare that you are aware of the Terms of Use and will also be agreeing with all its clauses and conditions.

If you do not agree with any provision of these Terms of Use, please do not use our services.

A SMALL GLOSSARY

PANDA VIDEO: Platform that offers video hosting and streaming.

User: Anyone who accesses or uses PANDA VÍDEO’s hosting and streaming services.

Affiliate: Whoever registers on the platform as an affiliate of PANDA VÍDEO and starts publishing products, getting paid for the sales they make.

Policies: All documents governing the relationship between registered Users/Affiliates and PANDA VÍDEO, such as Privacy Policy, Payment Policy, Terms of Use and Cookies Policy.

Platform: It is the PANDA VÍDEO website (www.pandavideo.com.br), as well as its subdomains, interfaces or applications in which we make its resources available.

Treatment agents: The controller and operator.

National Authority: Public administration body responsible for overseeing, implementing and monitoring compliance with this Law throughout the national territory.

Database: Structured set of personal data, established in one or several locations, in electronic or physical support.

Consent: Free, informed and unequivocal expression by which the holder agrees to the processing of his personal data for a specific purpose.

Controller: Natural or legal person, of public or private law, who are responsible for decisions regarding the processing of personal data.

Operator: Natural or legal person, governed by public or private law, who processes personal data on behalf of the controller.

Personal data: Information related to an identified or identifiable natural person.

Deletion: It is one of the rights of the holder and means the deletion of data or a set of stored data, regardless of the procedure used.

In charge: Person appointed by the controller and operator to act as a communication channel between the controller, data subjects and the National Data Protection Authority (ANPD).

Title: Natural person to whom the personal data being processed refers.

Treatment: Any operation carried out with personal data, such as those referring to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication , transfer, diffusion or extraction.

Shared data usage: Communication, dissemination, international transfer, interconnection of personal data or shared treatment of personal data banks by public bodies and entities in the fulfillment of their legal competences, or between these and private entities, reciprocally, with specific authorization, for one or more treatment modalities allowed by these public entities, or between private entities.

General Data Protection Law: Federal Law no. 13,709, of August 14, 2018, which provides for the processing of personal data, including in digital media, by an individual or a legal entity governed by public or private law, with the aim of protecting the fundamental rights of freedom and privacy and the free development of the personality of the natural person.

Sites and apps: Sites and applications through which the user accesses the services and content available.

Third: Person or entity that does not directly participate in a contract, legal act or business, or that, in addition to the parties involved, may have an interest in a legal process.

Personal data breach: Person or entity that does not directly participate in a contract, legal act or business, or that, in addition to the parties involved, may have an interest in a legal process.

Sharing with third parties: Through this Policy, we want to give you transparency about what personal data about you we collect and use on the Platform. We remind you that some of your personal data is shared with third parties for the effective functionality of the Platform.

User Responsibility

1.1 You are fully responsible for the content you host and are responsible for identifying, understanding and complying with all applicable laws, rules and regulations, including, but not limited to, civil law, intellectual property rules, protection of personal data, privacy and ways of using our technology, as well as regulatory measures, obtaining licenses, permissions or authorizations by public bodies, professional records and respect for regulations issued by them. Furthermore, it acknowledges and declares that:

a. Fully accepts and undertakes to comply with the rules of this term of use, as well as observe all other documents and policies of the Platform, subjecting itself to penalties for non-compliance;

b. You are the legitimate owner of all the rights to the contents, infoproducts, products and/or services made available through Panda Video or, even if you are not the owner, you are legitimated by it;

c. You are fully aware that you will not, under any circumstances, be compensated for any type of problem or damage arising from the use of the Platform;

d. You must keep your subscription payment up to date and keep your registration data up to date;

e. You may not make attempts to hack, copy or invade the Platform or any type of copyright violation, including the prohibition of publishing third-party content without express authorization;

f. You may not host fraudulently or illegally, being aware that its use will be immediately suspended and you will be liable civilly and criminally for your actions;

g. You are of legal age or, if you are a minor, you are emancipated, and have full capacity for all acts of civil life, being the responsibility of the parents or legal guardians to monitor and supervise the use of the minor child in their activities. If your child is underage and is using your account without permission, please contact us immediately so we can disable access.

1.2 The user is responsible for ensuring that the insertion of any material on his site does not violate or infringe the rights of third parties and does not contain defamatory or illegal content. The user must not use content that:

a. Infringes any third party copyright or other rights (eg video plagiarism, trademark infringement, copyright, privacy rights, etc.);

b. Be defamatory;

c. Be harassing or abusive;

d. Contains discriminatory or hate speech;

e. Promotes or supports terror or hate groups;

f. Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;

g. Exploits or threatens minors;

h. Depicts or encourages self-harm or suicide;

i. Depicts actual unlawful acts of extreme violence, vivid, realistic or graphic acts of violence or brutality, sexualized violence including rape, torture, abuse and humiliation, or animal cruelty or extreme violence towards animals;

j. Promotes fraudulent or dubious money-making schemes, proposes an illicit transaction, or uses deceptive marketing practices;

k. Contains false or misleading allegations (fake news) on any subject that aims to deceive or annul information and may cause individual or collective damage;

l. Violate any applicable law.

1.3 Panda Video may, but is not obliged, to analyze, monitor and remove User Content at any time, provided that the user is aware that the material hosted is subject to denouncements through a specific channel. We reserve the right to suspend or cancel, at any time, your access to the application in case of suspected fraud or by court order. In these cases, you will not be owed any compensation, and Panda Video will be able to promote the competent return action, if necessary, as well as take any other measures necessary to pursue and safeguard its interests.

1.4 Any and all claims, in judicial or extrajudicial proceedings, filed against Panda Video, alleging violation of any third party rights or infringement of any legal or contractual provision related directly or indirectly to the content made available by the user through Panda Video or by denouncing the dispute, in the event that the procedure involves the intervention modality, subject to the user, who from now on undertakes to pay the expenses related to the claim, such as costs and fees, and any other amounts related to the eventual condemnation of Panda Video, indemnifying it to the maximum extent of the losses suffered.

1.5 The user is solely responsible for his login and all activities that occur under his account, including unauthorized activities.

1.6 The user agrees that he will indemnify and hold Panda Video and its employees harmless from all claims, demands, claims, damages, losses, costs, liabilities and expenses of third parties, including attorneys’ fees, arising out of or relating to content posted by through the Platform and on allegations of actions or omissions that (regardless of whether proven) would constitute a user violation of these Terms of Use.

1.7 The user must observe the correct tax treatment of any sale of his products, Panda Video has no responsibility for the collection or lack thereof of any taxes owed by the user.

Subscription and transfer limits

2.1 We may offer free trials or discounted subscriptions. Currently our trial period lasts 30 days, and the user can start the paid plan at any time. It is important to note that the bandwidth is limited during the testing period, with the user being aware that the video should not be used in production during this period.

2.2 When the user signs up for their subscription through the paid plan, the subscription is charged immediately, and the next charge will always be made 30 days after activating the plan and so on.

2.3 The user can upgrade and downgrade the plans at any time, however, in case of upgrade, the proportion of the smaller unused plan will be deducted, and added to the larger plan to be used until the next invoice.

2.4 Purchase of additional bandwidth/storage will be added to the next invoice.

2.5 The user is responsible for managing the amount of bandwidth contracted and used. If the user exceeds the contracted bandwidth limit, postpaid bandwidth will be charged in the amount of BRL 0.30/GB, and the user may suspend and use the prepaid bandwidth at any time. It is important to point out that, if the bandwidth limit is exceeded, the videos will continue to be played, and postpaid bandwidth will be automatically charged.

2.6 In case of consumption of postpaid bandwidth above the allowed limit of the account, this band will be charged immediately (each account has a limit based on consumption). We inform you that the amounts charged for subscription refer to the subscription itself and/or additional items, and not to what was used.

2.7 If the user no longer wants to use the Platform services, he/she must cancel the subscription accordingly. It is important to point out that billing invoices will continue to be generated, regardless of use, until the moment of cancellation.

2.8 As soon as the user cancels, he will lose access to the account and the videos will be stored for 30 days, counting from the cancellation date, and will be deleted after the aforementioned period.

2.9 Failure to pay the invoice within XX days will result???

Possible crash/platform instability

3.1 We, at Panda Video, work to offer the best experience to the user, making the maximum effort to guarantee the provision of innovative services with continuity and security. Eventually, the Platform may present some instabilities caused by technical reasons, however, most of the reported problems refer to problems caused by the user himself. Thus, we inform you that:

a. Videos that experience small instabilities (such as videos that are “hanging”) are usually related to the connection of our servers with the user’s equipment, Panda Video having no responsibility for this event;

b. Some users may have integration problems (when they embed the video in the wrong way, impairing its proper functioning), Panda Video having no responsibility for this event;

c. It is important to point out to infoproducers that they may eventually experience integration problems with other platforms that only offer the possibility of integrating with competing platforms, Panda Video having no responsibility for this event.

Term and Termination

3.1 If you violate these Terms of Use, Panda Video may, at its discretion:

a. terminate this Agreement immediately, with or without prior written notice;

b. suspectnder, delete or limit access to your account (and other accounts you control) or any content therein;

3.2 Acceptance of these Terms grants the user non-exclusive use of the Platform, with features as they are, but which may be modified, replaced or removed at any time, without prior notice and without this generating any right to indemnity.:

Forum

17.1 The district court of São Paulo is elected as the only competent court to resolve any disputes regarding the interpretation and fulfillment of this Agreement, regardless of any other, however privileged it may be.:

WHO CAN BE USER AND AFFILIATE?

Everyone who registers on the site and meets the usage and affiliation requirements.

However, it is good to remember that the minimum age for Users and Affiliates to register on the Platform is 13 (thirteen) years old. Adolescents between 13 and 18 years old need specific and highlighted consent, given by at least one parent or legal guardian, under the terms of Law No. 13.709/18 – General Data Protection Law. PANDA VÍDEO must cancel the registration of a User under 18 (eighteen) years of age at the request of the parent or guardian, and this does not generate the right to any compensation or reimbursement due to the products purchased by the minor during the validity of his registration.

COOL, I WANT TO BE A PANDA VIDEO USER OR AFFILIATE. WHAT WILL MY OBLIGATIONS BE?

1:

  1. Understand your role

By using the Platform as a User or Affiliate, you are a contractor/intermediary of PANDA VÍDEO’s services, and you do not become our employee, collaborator, representative, agent, partner, associate or partner.

2:

  1. Accept our Terms and Policies

By using the platform, you declare that you know and agree with its content and the other applicable PANDA VÍDEO Policies, including the Privacy Policy. The PANDA VÍDEO Policies are an integral part of these Terms and are incorporated by reference, even if they are presented in separate texts. In case of conflict, the rules of these Terms shall prevail over the conditions established in other PANDA VÍDEO Policies, unless there are specific provisions establishing that a certain Policy prevails. These Terms and their updates also supersede all prior oral or written proposals, understandings or agreements that may exist between you and PANDA VÍDEO.

3:

  1. Respect

Respect for the conditions of these Terms is essential for the legitimate use of the resources made available on the Platform. If you use the Platform in a way that is incompatible with the Terms, PANDA VÍDEO may apply different measures at any time, with or without notice. Such measures may include, without prejudice to other

FINALLY

1:

  1. The world changes all the time

From time to time we may understand that the content of these terms and conditions will need to be revised to remain suitable for our services. Then we’ll change whatever is necessary and if you don’t agree with what we change, it’s okay! Within 10 (ten) days of changing the terms on our website, you can request, through any of our service channels, your exclusion from the platform.

2:

  1. Everyone has their own

No content published by third parties reflects the opinion of PANDA VIDEO. Therefore, we are not responsible for the content published by a third party or linked to our website.

3: Affiliate

The responsibility for any and all activity that occurs on the account is YOURS, so please protect your website access information. If you discover that someone has accessed your account improperly, please contact us immediately at the email address privacy@pandavideo.com.br.

Sharing with third parties

4: Policies

but our services may be temporarily unavailable in situations beyond our control. If this happens and you need our help, remember that you can always contact our customer service. We’re here all the time. Can believe!

5:

  1. Still have questions?

Access here

our FAQ or contact us at privacy@pandavideo.com.br.

  1. Please also see our PRIVACY POLICY and COOKIES POLICY.

#privacydon’t do it alone

DATE OF LAST UPDATE: May 08, 2023.